80R9284 YDB-F
 
  By: Dutton H.B. No. 2036
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the provision of certain services and information
related to pregnancy, abortion, and sexually transmitted diseases;
providing penalties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 172 to read as follows:
CHAPTER 172. ALTERNATIVES TO ABORTION
       Sec. 172.001.  DEFINITIONS. In this chapter:
             (1)  "Alternatives to abortion organization" means an
organization, including a pregnancy counseling organization or
crisis pregnancy center, that for a fee or as a free service
provides pregnancy counseling or information but does not perform
an abortion or refer a female to an abortion provider. The term
does not include a licensed health care provider, including a
hospital or a family planning clinic, that provides abortions or
contraception or provides abortion or contraception referrals.
             (2)  "Commission" means the Health and Human Services
Commission.
             (3)  "Medically inaccurate information" means
information not supported by the weight of peer-reviewed research
conducted in compliance with accepted scientific methods and
recognized as accurate by leading professional organizations and
agencies with relevant expertise in the field.
       Sec. 172.002.  LEGISLATIVE INTENT. It is the intent of the
legislature to ensure that each alternatives to abortion
organization that directly or indirectly receives state money
provides factually and medically accurate information to women
seeking counseling or information about pregnancy or abortion and
to encourage organizations to obtain the information from
organizations such as the United States Food and Drug
Administration, the Centers for Disease Control and Prevention of
the United States Department of Health and Human Services, the
American Medical Association, or the American College of
Obstetricians and Gynecologists.
       Sec. 1702.003.  RULES. The commission shall adopt rules
necessary to implement this chapter.
       Sec. 1702.004.  LICENSE REQUIRED.  (a)  An alternatives to
abortion organization may not provide pregnancy counseling or
information unless the organization is a health care facility
licensed as required by rules adopted under this chapter or a
facility operated under the direction of a licensed clinician or
counselor as required by rules adopted under this chapter.
       (b)  An individual may not provide pregnancy testing or
counseling on behalf of an alternatives to abortion organization
unless the individual has completed the appropriate training and
performs the activities under the direct supervision of a licensed
clinician or counselor as required by rules adopted under this
chapter.
       Sec. 172.005.  FACTUALLY OR MEDICALLY INACCURATE
INFORMATION PROHIBITED.  An agent of an alternatives to abortion
organization may not, with the intent to deter or delay a woman from
having an abortion, provide a woman who is seeking counseling or
information about pregnancy or abortion with information the agent
knows to be factually or medically inaccurate information.
       Sec. 172.006.  NOTICE. An alternatives to abortion
organization shall provide written notice to each client on the
client intake form and prominently display on the counter or desk at
which the organization conducts intakes the following notice:
       (Name of organization) does not perform abortions or refer
women for abortions.
       You are entitled to receive factual and medically accurate
information. For more information, contact the Health and Human
Services Commission (insert commission contact information).
       Complaints against (name of organization) may be filed with:
             (1)  the Health and Human Services Commission (insert
commission contact information); or
             (2)  the Office of the Texas Attorney General (insert
office contact information).
       Sec. 172.007.  COMPLAINTS.  (a)  The commission shall
display on the commission's Internet website:
             (1)  a toll-free number that may be used to obtain
information or make a complaint under this chapter; and
             (2)  a complaint form.
       (b)  The commission shall establish a process to track
complaints alleging violations of this chapter.
       (c)  A person who believes an alternatives to abortion
organization or an agent of the organization has violated this
chapter may file a complaint with the commission or the office of
the attorney general.
       (d)  Not later than the 30th day after the date the
commission receives a complaint under this section, the commission
shall investigate the complaint and determine whether a violation
occurred.
       Sec. 1702.008.  AUDITS. The commission shall conduct site
visits and periodic on-site program and financial audits of each
alternatives to abortion organization that receives state funding.
       Sec. 172.009.  DISCIPLINARY ACTION.  (a)  An alternatives to
abortion organization that violates this chapter is ineligible to
receive state funding.
       (b)  If the commission determines an alternatives to
abortion organization violated this chapter, the commission shall
withhold state money otherwise to be provided to the organization.
The organization is liable to the state for any money the
organization has already received from the state during the state
fiscal year in which the determination is made. The organization is
not eligible for state funding before the first anniversary of the
date of the commission determination.
       (c)  An alternatives to abortion organization may appeal a
commission determination under this section to the State Office of
Administrative Hearings. An appeal under this subsection is a
contested case under Chapter 2001, Government Code.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.